allowed the following fees: For recording letters testamentary or of administrations, one dollar. For filing the bond of the executor or administrator, fifty cents. For appointing guardian or curator, twelve and onehalf cents. For filing and preserving bond of guardian or curator, fifty cents. For every order of publication, twenty-five cents. For every order relating to executors, administrators, or guardians not otherwise provided for, twelve and one-half cents. For copying any order, record, or paper, for every hundred words, ten cents. For entering any judgment and virdiet, twelve and one-half cents. For proof of every will or codicil taken by the prefect, twenty-five cents. For every certificate and seal, twenty-five cents. For issuing every subpoena, twenty-five cents. For administering every oath, three cents. For keeping abstracts of demands, for each demand, three cents. For certifying the amount, date, and classes of any demand without seal, five cents. For entering every motion or rule, five cents. For swearing and entering a jury, twentyfive cents. For entering every trial, five cents. For a commission to take depositions, twenty-five cents. For every execution, fifty cents. For every continuance of a cause, five cents. For entering an appeal, twelve and one-half cents. For every writ to summons a jury, twelve and one-half cents. For every order to distribute offsets among heirs, etc., twelve and one-half cents. For every settlement of executor, administrator, or guardian, whether annual or final, twenty-five cents. For every order appointing road overseers, twentyfive cents. For filing and preserving constable's bonds, to be paid for by the constable, twenty-five cents. For all services in filing, taking, and safekeeping the collector's bond for territorial taxes, to be paid by the territory, one dollar. For like services for collector's bond for county taxes. to be paid by the territory and county, each for its own, for every one hundred words, ten cents. For issuing any license, to be paid by the applicant, fifty cents. For taking, filing, and safekeeping of every other bond, not otherwise provided for, fifty cents. For issuing each writ. and receiving, filing and docketing the return, fifty cents. For taking every acknowledgment to a deed or writing, twenty-five cents.

SEC. 3. Clerks of the circuit courts shall be allowed the following fees for their services: For drawing, sealing and entering every writ and filing the same, one dollar. For taking and entering every recognizance, twenty-five cents. For taking and entering every bond in any case, twentyfive cents.

For every issue joined, twentyfive cents. For entering every motion, rule or order, twenty-five cents. For every continuance of a cause, twenty-five cents. For every subpoena, fifty cents. For a copy of every rule or order, twenty-five cents. For

For

entering every judgment, fifty cents. swearing and entering every jury, fifty cents. For search of a record of twelve months standing, five cents. For entering an appeal to a superior court, twenty-five cents. For every writ of attachment, one dollar. For administering every oath, five cents. For copies of records and papers, for every one hundred words, ten For producing any record of the court under any rule or order, twenty-five cents. For taking and entering upon record every acknowledgment of a sheriff's deed, fifty cents. For certificate and seal, fifty cents. For a venire to summon a jury, fifty cents. For every execution, one dol

cents.

lar.

SEC. 4. Clerks of the several courts of this territory possessing criminal jurisdiction shall be entitled to the following fees in criminal cases: For every indictment by a grand jury, fifty cents. For venire to summon grand or petit jury, fifty cents. For issuing and filing every writ of capias or attachment, one dollar. For taking and entering recognizance of every prisoner, twenty-five cents. For every issue of fact joined, twenty-five cents. For every continuance of a cause, twenty-five cents. For every subpoena, twenty-five cents. For commission to take depositions, fifty cents. For entering a judgment on a plea of guilty, fifty cents. For swearing and entering each grand jury, fifty cents. For swearing and entering each petit jury and delivering a copy to each party, fifty cents. For judgment on any issue of law or fact, twenty-five cents. For entering an appeal to superior court. twenty-five cents. For taking recognizance of such appeal, twenty-five cents. For copies of paper and record, for every one hundred words, ten For administering each oath, five For each certificate and seal, fifty For issuing execution, one dollar. SEC. 5. Clerks of the superior court shall receive the following fees: For ever writ, one dollar. For taking bond and issuing supersedeas, one dollar. For supersedeas alone, fifty cents. For filing transcript and docketing a case, fifty cents. For filing assignment or joinder of error, twenty-five cents. For recording the opinion of the court when required so to do, for every one hundred words, ten cents. For copies of the same certificates, for every one hundred words, ten cents. For certified copies of counsel's briefs, for every one hundred words, ten cents. For retaxing any bill of costs to be paid by the clerk whose bill is retaxed, one dollor. For every other service to be performed by said clerk, they shall be allowed the same fees that are allowed to clerks of the circuit court for similar services.

cents. cents. cents.

SEC. 6. Sheriffs shall be allowed the following fees for their services: For serving every citation or summons for each

For

default, one dollar. For every writ of capias or attachment foreach defendant, one dollar. For taking and returning every bond required by law, fifty cents. levying every execution, one dollar. For making, executing and delivering every sheriff's deed, to be paid for by the purchaser, two dollars. For every return of non est inventus on summons or citation, fifty cents. For a return of mulla bona or execution, fifty cents. For executing a special summons for a jury, one dollar. For summoning a jury in an ordinary case, fifty cents. For summoning each witness. fifty cents. For serving every order or rule of court, fifty cents. For attending each court per day, one dollar and fifty cents. For calling each action, party or jury, twelve and one-half cents. For calling each witness, five cents. For serving and returning each writ of capias in criminal case, for each defendant, one dollar. For serving a writ of attachment, for each person in a criminal case, one dollar. For serving each writ of execution in a criminal case, one dollar. For every return of non est inventus or nulla bona on an execution in a criminal case, fifty cents. For summoning a grand jury, five dollars. For committing any person to jail in any case, one dollar. For furnishing a prisoner with board for each day, twenty-five cents. For executing every death warrant, fifteen dollars. For commission for receiving and paying moneys on execution, where land or goods have been levied on, advertised and sold, three and one-half per cent. on the first two hundred dollars, and two per cent. on all sums above that amount: and one-half of such commisson when the money has been paid without a levy, or where the lands or goods levied on have not been sold. The party at whose application any writ, execution or subpoena or other process is issued from the superior court, shall cause the same to be returned without fee, unless the court shall for special reasons order the personal attendance of the sheriff: in which case he shall be allowed for each mile going and returning from the court house in the county in which he resides, to the place of the sitting of the superior court, five cents per mile. Every court shall allow the sheriff and other officers reasonable compensation for conducting prisoners from one county to another, or for keeping the same in custody before they are committed to jail: which costs shall be taxed as other costs in criminal proceedings. Witnesses shall be allowed fees for services in all cases as follows: For attending any court, referee, clerk or commission within the county where the witness resides, for each day, fifty cents. For attendance as aforesaid out of the county for each day, one dollar. For each mile of travel in going to, and returning from the place of trial, five cents.

SEC. 7. Alcaldes shall be allowed fees for their services as follows: For every summons, twenty-five cents. For every subpoena, twenty-five cents. For every attachment, fifty cents. For every judgment, twenty-five cents. For every execution, twenty-five cents. For administering each oath, five cents. For every order for a jury, twenty-five cents. For taking acknowledgment to a deed or power of attorney, twenty-five cents. For making certified copies in appeals, for every hundred words, ten cents. For writ of habeas corpus, one dollar and fifty cents. For certifying depositions, twenty-five cents. For writing depositions, for every hundred words, ten cents. For issuing a warrant in any criminal case, twenty-five cents. For swearing a jury, twenty-five cents. For taking each recognizance, twenty-five cents.

SEC. 8. Constables shall be allowed the following fees for their services: For serving a warrant in a criminal case for each defendant, fifty cents. For serving summons or notice in a civil case, twenty-five cents. For summoning each juror, seventyfive cents. For taking a criminal to jail, seventy-five cents. For serving every execution, twenty-five cents. For taking a debtor to jail, seventy-five cents. For taking every bond required by law to be taken by him, twenty-five cents. For summoning each witness, twenty-five cents. For serv ing writ of attachment, fifty cents. For collecting and paying over to the plaintiff on all sums collected, three per cent.

SEC. 9. Every prefect shall be allowed for his services two hundred dollars a year, to be paid out of the treasury of the United States, and two dollars a day for every day he may be necessarily employed in the discharge of his duty, to be paid out of the county treasury.

GUARDIANS.

SECTION 1. In all cases not otherwise provided for by law, the father, while living, and after his death, and when there shall be no lawful father, then the mother, if living, shall be the natural guardian of the children, and have the custody and care of their persons, education and estates, and when such estate is not derived from the parent acting as guardian, such parent shall give security and account as other guardians.

SEC. 2. If a minor have no parents living, or if the parents be adjudged according to law incompetent or unfit for the duties of guardian, the prefects in their respective counties, shall appoint guardians to such minors.

SEC. 3. Every appointment of guardian shall specify whether it be of the person, or of the person and estate.

SEC. 4. All guardians of the estate of any minor and all guardians and curators, appointed by law, shall, before entering

upon the duties of such, give bond with security, to be approved by the prefect by whom they are appointed, to the Territory of New Mexico, for the use of the minors respectively, in double the value of the estate, or interests to be committed to their care, conditioned for the faithful discharge of their duties according to law.

SEC. 5. Guardians and curators shall put the money of minors entrusted to their care, to interest upon mortgage to be approved by the prefect, or they may, with leave of the prefect, and the assent of their securities, retain the money in their hands, paying interest therefor, but if no person be found to take money on interest, and the guardian and curator should not choose to retain the same paying interest, they shall be liable for the principal alone, until the same can be put to interest.

SEC. 6. Guardians and curators may put the money of minors entrusted to their care, in all sums under five hundred dollars, to interest upon any sufficient security, to be approved by the prefect.

SEC. 7. Guardians and curators shall make annual settlements with the court of the prefect, in which their proceedings shall be, beginning at the first term after the beginning of a year from their appointments or admission respectively, and at each corresponding annual term as near as may be until their final settlement, and in such settlements guardians having the care and education of the minors, shall make a statement on oath of the application of all moneys directed by the court to be applied by them to the education of their wards. Guardians and curators neglecting or refusing to make such settlements or statements on oath herein required, shall be liable to be attached and imprisoned until they make such settlements and statements, the court first making a rule on them respectively, to show cause why they should not be so proceeded against.

HABEAS CORPUS.

SECTION 1. Every person detained in custody, charged with a criminal offense, or otherwise, may have a writ of habeas corpus. by application by petition verified by affidavit of the person in custody, or some other competent person, to any judge, prefect or two alcaldes.

SEC. 2. The petition shall state in substance, by whom the party for whom the relief is prayed, is imprisoned or restrained of his liberty, and the place where, and the true cause thereof, to the best of the knowledge and belief of the party.

SEC. 3. The jailer or person having the custody of the petitioner, shall forthwith be commanded by the officer to whom application is made, by writ under his hand to have the petitioner together with the cause of his detention before the court, judge, prefect, or alcaldes issuing the writ.

SEC. 4. The proper officer shall proceed to hear all evidence for the prosecution and against it, and to determine the cause in a summary manner.

SEC. 5. Parties to whom bail has been denied, or who are unable to give bail, may have this writ for the purpose of being released on giving bail as required by law.

SEC. 6. If the officer trying the same shall deem the party innocent, he shall release him, but if he thinks him guilty, he shall remand him or bail him according to the circumstances of the case.

JAILS AND JAILERS.

SECTION 1. There shall be kept and maintained in good and sufficient condition and repair, a common jail in each county in this territory, to be located at the permanent seat of justice for such county, and at the expense of said county.

SEC. 2. The sheriff of each county in this territory shall have the custody, rule, keeping and charge of the jail within his county, and of all prisoners in such jail.

SEC. 3. It shall be the duty of the sheriffs to receive from constables and other officers all persons who shall be apprehended by each constable or other officers for offenses against this territory, or who shall be committed to such jail by any competent authority.

SEC. 4. When any person is confined in jail on civil process and money or property of the person in prison cannot be found sufficient to pay for his maintenance, the plaintiff at whose suit the person may be imprisoned shall pay for his maintenance, at the rate of twenty-five cents per day, to be paid to the sheriff or jailer, to furnish said prisoner with provisions to the full amount thereof. In case the said plaintiff shall refuse to pay the money as aforesaid, and shall be in arrears weeks, the sheriff may discharge the prisoner and recover the same from the said plaintiff in the same manner as other debts.

two

SEC. 5. Whenever any sheriff of any county of this territory shall have any person in his custody either on civil or criminal process, and there shall happen to be no jail, or the jail of the county shall be insufficient, it shall be lawful for such sheriff to commit such person to the nearest jail of some other county, and it is hereby made the duty of the sheriff of said county to receive such person so committed as aforesaid, and him or them safely keep subject to the order or orders of the circuit judge for the county from whence said person was brought.

JURORS.

SECTION 1. The clerk of each circuit court shall issue an order at least thirty days before each term of the said court, to the sheriff, commanding him to summon eighteen good men to serve as grand ju

rors, at the next term of said court, who shall be citizens of the county over twentyone years of age, householders and freeholders, and subject to no legal disability.

SEC. 2. Each grand juror shall be summoned at least six days before the first day of the term of the court.

SEC. 3. There shall be no less than fifteen grand jurors sworn, and if that number fail to attend, the court shall order the sheriff to summon of the bystanders enough others to make up that number.

SEC. 4. The clerk shall issue subpoenas for, and sheriff shall summon all witnesses who are requird by the grand jury:

SEC. 5. The court shall select and have sworn some competent member of the grand jury as foreman, who shall swear all witnesses coming before them.

SEC. 6. The circuit attorney shall attend on the grand jury, and conduct all investigations, and prepare all indictments directed by the foreman.

SEC. i. If any witness shall fail or refuse to appear before the grand jury, or give evidence before them, the court shall imprison or otherwise punish him for contempt.

SEC. 8. No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, nor that any indictment has been found. nor how any member of the grand jury voted on any question, nor what was said by any juror, except when lawfully required to testify in relation thereto.

SEC. 9. In every case where any petit jury may be required, the sheriff shall summon twelve free male citizens of the territory, residents of the county, over the age of twenty-one years, and under no legal disability: no person of kin to either party, or who has formed or expressed an opinion, in any case, and no witness can be a petit juror.

SEC. 10. Every person summoned to attend and failing, without a good excuse, shall be fined by the court in its discretion not exceeding five dollars.

SEC. 11. In all civil suits each party may object to three jurors peremptorily.

LAWS.

SECTION 1. All laws heretofore in force in this territory, which are not repugnant to, or inconsistent with the constitution of the United States and the laws thereof, or the statute laws in force for the time being, shall be the rule of action and decision in this territory.

SEC. 2. All acts of the general assembly of this territory shall take effect at the end of ninety days after the passage thereof, except where it is otherwise specially provided.

SEC. 3. When any person, party, or subject matter is described or referred to, by words importing the singular number, or

the masculine gender. several matters, and persons, the females as well as males, and bodies corporate as well as individuals shall be taken to be included.

PRACTICE AT LAW IN CIVIL SUITS.

SECTION 1. All actions brought in the circuit court shall be commenced by petition, which shall contain a plain statement of the names of the parties, the cause of action and the relief sought; it shall be sworn to before the clerk of the circuit court, by the plaintiff or his agent, and filed in the office of the clerk.

SEC. 2. Upon any such petition being filed as aforesaid the clerk, except where it is otherwise specially provided, shall issue a citation for the opposite party.

SEC. 3. The citation when issued shall be indorsed upon or annexed to the petition, or a copy thereof, shall be delivered together with the writ to the officer having execution thereof.

SEC. 4. Suits instituted by citation shall be brought in the county in which the defendant resides, or in the county in which the plaintiff resides, and the defendant may be found; in cases where the defendant is a resident of this territory such suit may be commenced in any county.

SEC. 5. A citation shall be executed either by reading the petition and writ to the defendant, or second, by delivering to him a copy of the petition and writ, or third by leaving a copy of the petition and writ at his usual place of abode, with some member of the family over the age of fifteen years.

SEC. 6. In all cases where the defendant shall refuse to hear writ and petition read. or to receive a copy thereof, the offer of the officer to read the same or to deliver a copy thereof and such refusal, shall be a sufficient service of such writ.

SEC. 7. Any creditor whose demand amounts to fifty dollars or more, may sue out a writ of capias in the circuit court by filing an affidavit stating that the defendant is justly indebted to him after allowing all set-offs, in a sum specified in the affidavit, and on what account: that the affiant has reason to believe, and does believe, that the defendant is about to abscond from the territory, so as to endanger the collection of his debt, and by also filing a bond as is required in attachments.

SEC. 8. Creditors whose demand amounts to less than fifty dollars, may sue their debtors before alcaldes, by writs of capias subject to the same rules as are prescribed in the preceding section, concerning such writs.

SEC. 9. A writ of capias shall be served by taking the body of the defendant and retaining the same in custody until discharged by due course of law, but the defendant shall be discharged at any time by giving bond and security to the sheriff or

constable that he will render himself in custody to abide the judgment, order or decree of the court.

SEC. 10. The defendant may at the return term of the writ, deny the truth of the affidavit by answer without oath, and the same proceedings shall be had thereon as in cases of attachment.

SEC. 11. If the petition and writ shall be served ten days before the first day of the next term of said court, the defendant shall, on or before the second day of said term, file his legal exceptions to said petition, if any he have, which exceptions shall be determined by the judge in a summary

manner.

SEC. 12. If the exceptions be overruled, the defendant shall forthwith file his answer under oath, fully admitting or denying or confessing and avoiding, every material part of said petition.

SEC. 13. If no such exceptions be filed, the defendant shall file such answer on or before the second day of said term.

SEC. 14. All subsequent pleadings shall be filed under oath, and in such time as the court shall prescribe.

SEC. 15. All causes shall be tried at the next return term of the writ, unless continued for good cause. Every cause may be continued by a court upon application of either party verified by affidavit, showing good cause for such continuance.

SEC. 16. All appeals from inferior tribunals to the prefect or circuit courts shall be tried anew in said courts on their merits. as if no trial had been had below.

SEC. 17. The courts may from time to time appoint interpreters and translators, to interpret the testimony of witnesses, and to translate any writing necessary to be translated in such courts or causes therein, who shall receive therefor the compensation and mileage allowed to witnesses, and twenty-five cents for every hundred words translated.

PRACTICE OF LAW IN CRIMINAL

CASES.

SECTION 1. Whenever complaint shall be made to any judge. prefect, or alcalde, that a criminal offense has been committed, it shall be his duty to examine the complainant, and any witnesses who may be introduced by him, under oath; if it appear on such examination that any crime has been committed, the magistrate shall issue a warrant commanding the sheriff or other officer, forthwith to take the accused, and bring him before such magistrate to be dealt with according to law; warrants issued by a judge may be executed in any part of the territory, and warrants issued by any other magistrate, may be executed in any part of the county where such officer

resides.

SEC. 2. Whenever any person who shall have committed any criminal offense,

in any county, shall escape into any other, any magistrate within the county in which such offender may be found, may issue his warrant for his apprehension, or may indorse a warrant, which has been issued by a magistrate in the county from which the criminal escaped and have him apprehended thereon, and sent before some magistrate of the county in which the offense was committed, for trial.

SEC. 3. If the offense be an assault, battery or affray, or gaming, or the disturbance of a religious congregation, the prisoner shall be taken before some alcalde, and punished in a summary manney: the trial of all such offenses shall be by a jury of twelve competent men, who if they find the defendant guilty, shall assess the fine to be paid by him, which shall not be less than one dollar, nor more than fifty dollars.

SEC. 4. In all other cases of crimes the prisoner may be taken before any magistrate authorized to issue a warrant, who shall proceed as soon as may be to examine the complainant and witnesses for the prosecution, on oath, in the presence of the prisoner, with regard to the offense: after the examination of the witnesses for the prosecution, the witnesses for the defense shall be sworn and examined.

SEC. 5. While any witness for or against the prisoner is under examination, the magistrate may exclude all witnesses who have not been examined, and may cause the witnesses to be kept apart, and prevented from conversing with one another until they have all been examined.

SEC. 6. If upon the examination of the whole matter it appears to the magistrate that no offense has been committed by any person, or that there is no probable cause for charging the prisoner therewith, he shall discharge him; but if it appear that an offense has been committed, and that there is probable cause to believe the prisoner guilty thereof, the magistrate shall by recognizance, summon the prosecutor and all material witnesses against the prisoner, to appear and testify before the court having cognizance of such offense on the first day of the next term thereof, and not depart from such court without leave.

SEC. 7. If the offense be bailable, and the prisoner offer sufficient securities, a recognizance shall be taken with such securities for his appearance before the court having cognizance therof, on the first day of the next term thereof, and not to depart from such court without leave.

SEC. 8. If the offense be not bailable, or sufficient bail be not offered, the prisoner shall be committed to jail, there to remain until he be discharged by due course of law.

SEC. 9. All examinations and recognizances taken in pursuance of the provisions of this law, shall be certified by the magistrate taking the same, and delivered to the